Re: Baby A

Case

[2008] FamCA 417

6 June 2008


Details
AGLC Case Decision Date
Re: Baby A [2008] FamCA 417 [2008] FamCA 417 6 June 2008

CaseChat Overview and Summary

In *Re: Baby A*, Dessau J of the Supreme Court of Victoria considered an application by the parents of Baby A, a child born in May 2008, concerning the administration of a drug, referred to as drug X, for her medical condition. The parents sought authorisation to consent to this treatment on behalf of their child.

The central legal issue before the court was whether the parents could lawfully consent to the ongoing administration of drug X to their child, Baby A, as treatment for her condition. This involved determining the court's power to authorise such consent and treatment, particularly in circumstances where the parents sought a declaration to that effect.

Dessau J granted the applicants leave to amend their application to include an alternative claim for a declaration that it is lawful for the parents to consent to the treatment. The court ultimately made orders authorising the parents to consent to the administration of drug X on a continuing basis, subject to the medical opinion of the child's treating practitioners. In the alternative, the court declared that it was lawful for the parents to consent to this treatment. The court also discharged the appointment of the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Consent

  • Judicial Review

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

4

Re: Baby R (Life Support) [2015] FamCA 449
Re: Baby D [2011] FamCA 14